Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-10-29

pellsnts claim that there was fraud and
collision between billiard and appellees,
and th.t the agreement wss en-
tered into privately, secretly
and without T. cir c0useUt,
for the purpose of extracting from cppeI-
lauts the amount of the replevy bond sad
to compel Lumpkin, billiards. attorney,
to give up the plano. Held Appellants
do not allege that billiards. admission
thst the claim was just, is untrue nor
that ne hsd any Legal defense. Appellants
had The right TO release them selves from
liability by delivering the property to the
sheriff within ten days after rendition of
Judgment. Defendant billiard having
Withdrawn his answer and defenses, the
court below did not err in rendering
judgment for appellees. Acker, J.
S. S Harrell VS.. ". A. Morris; appeal
from Lampasas county. This suit was
brought by the appellee against the Gp-
pellaat in the District court of Lsmpass5
county to recover twenty-five acres OF
land. the plaintiff claiming under the
James Easily ana the defendant under
the David Stanley original surveys. The
question tried vas as TO the true bound
aries between these two surveys. Held:
Where two descriptive calls are given in
q survey, both of equal dignity, IS q
call for q corner and a marked line,
preference will be gwen to that one
which is most consistent with the inten-
tion to be derived from the entire descrip-
ton. judgment as TO the boundary line
affirmed. Collard, J.
J. Stone ct 81. vs. a. Day; sppeai
from SomerVille. This is q suit brought
| by appellee against appellants TO try title
to three lots, situated in Cleburne, which
sppellee claimed under q purchase made
| by him at sheriff g sale under two execu-
tions, and in favor of E an j. Martin,
and the other in favor of A. Day & Son.
Appellants pleaded the general denial and
specially that appellant, j. Stone, held
said lots Only in trust for the use Of Rosa,
Sadie and Zadi Stone. They also plead
ed that at the time of making the levies
under which the lots were sold, the ssid
J. Stone owned personal property subject
to execution, situated in Johnson county
OF value more than sufficient
to have paid of the said
Judgments, which fact was
we'll known TO appellee aud to L. B.
Davis, attorney for the Martins. Th8t
10 demand was made On J. Stone for pay
ment by the officers having said execu'
tons, nor to point out property on which
a levy might be made; that their failure
to do so was st the special instance OF
appellee and L. B. Davis, attorney FOR the
Martins, with the fraudulent intent OF
over-reaching and defrauding appellant
The jury found the lots in controversy to
be the property of Some in his own
right. Appellee excepted to appellants
second special plea and moved
to strike it out, and the exception wst
sustained. Held: Error. Here the sp
pellee Is alleged to have induced th'
officers to violate the law in Laying upol
the property and to have become the pur
chaser at the sale Ut grossly iDadequat
price, and we are of the opinion tnat
sale thus procured is Illegal, contrsry T.
public policy Snd may be avoided as u
, the purchaser ct such sale. For t
J error pointed out the judgment is re
versed and the cause remanded. Mal1bie
PJ.